our expert

David J. Franklyn

David Franklyn has served as a consultant and expert witness in numerous intellectual property (IP) cases, on behalf of multiple technology industry clients. He has designed, conducted and analyzed trademark and other consumer perception surveys, counseled clients on USPTO matters (including registration and branding advice), drafted license agreements, drafted settlement agreements, prepared counsel for oral argument and offered counsel on litigation strategy in a wide variety of IP matters.

Since 2000, he has been a Professor of IP Law at the University of San Francisco School of Law, where he is the Director of the J. Thomas McCarthy Institute for IP and Technology Law, and Director of the Center for Empirical study of Trademark Law. He has taught courses in patent law, trademark law, copyright law, international IP law, IP survey, and IP theory.

Professor Franklyn is currently conducting multi-scale empirical research in the U.S. and Europe regarding the labeling and arrangement of search results, and is working on multiple essays and articles regarding trademarks as keywords and trademark surveys.

Publications


Search Neutrality and Search Bias – An Empirical Perspective on the Impact of Architecture and Labeling

Trademarks as Keywords – Much Ado About Something?

Mccarthy’s Desk Encyclopedia Of Intellectual Property

Debunking Dilution Doctrine – Justifying the Anti-Free-Rider Principle in American Trademark Law